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HomeMy WebLinkAboutMAR 18 2025 - PACKET SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 18, 2025 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update Update on Measles Outbreak Right Site Telehealth RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-5 (or any other topic). Citizens wishing to speak on items 7 & 8 will be given the opportunity to speak during the Public Hearing. Item 6 has already been heard in a Public Hearing therefore, citizens cannot speak on that item. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the February 18, 2025, City Council meeting minutes. B. Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program. C. Council consider a resolution approving the repairs to a Mustang Cat 725 Dump Truck used at the landfill. D. Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Texas State Library and Archives Commission, for digitizing services at the Tyrrell Historical Library. E. Council consider a resolution approving the annual contract for the purchase of polyacrylamide liquid polymer for use by the Water Reclamation Division. F. Council consider a resolution approving the replacement of the current Faster for Windows fleet asset management software with the new web-based platform from Faster Asset Solutions of Virginia Beach, VA. G. Council to consider an appointment to the Beaumont Convention Bureau Advisory Board. REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Lopez Utilities Contractor, LLC, of Houston, Texas for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). 2. Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp, of Beaumont, Texas for the Highway 124 12-Inch Water Main Replacement (From Phelps Rd to Downs Rd). 3. Council consider an ordinance denying CenterPoint Energy Resources Corporation proposed rates. 4. Council to consider an ordinance denying Texas Gas Service Company's proposed rates. 5. Council consider amending Ordinance No. 25-010. 6. Council consider a request for a Specific Use Permit to allow an Artisan office and shop within the CBD (Central Business District) for property located at 450 Bowie Street. PUBLIC HEARING • Council to conduct a Public Hearing on Public Nuisance Properties: 1. Right of and South of 1145 S. 4th or right of 1145 S. 4th , or NE Corner of S. 4th at Franklin St. 2. South of 1560 South (1575); Calder L3 4 5 B 36 3. 4215 E. Lucas (PT FR HTS 65-2 PLD D-14 TR 30 A Williams) 4. North of and behind 3470 Milam (Fenced Area); D. Brown CC 1 N167’ BLK 27 1.6AC Columbus/Cartwright #1 5. 1285 North, Left of 1295 North; (Calder L5 B44) 6. East of or behind 5260-5360 Spencer; (TR 94 PL D-21 F Bigner 4.542AC) 7. Right of and South of 2528 S. 12th, Right of (College Acres EXT L1-3 B33B) 8. 1355 Cable, Across from 1370 Cable (Chaison L3 B10) 9. 1169 Broadway, 1100 Block at Center, 300 Block 115’ East from SE Corner (Calder L6 B16) REGULAR AGENDA 7. Consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the following 9 properties and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said properties without further notification to the property owner or City Council action. PUBLIC HEARING • Council to conduct a Public Hearing to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building”, as imminent danger and order the owner to raze the said structure within 5 days. If the property owner fails to comply within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. REGULAR AGENDA 8. Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as an Imminent Danger and order the owner to raze the structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. WORK SESSION Council to Review and Discuss a Proposed Food Truck Park COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:March 18, 2025 REQUESTED ACTION:Council to consider approving the February 18, 2025, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - February 18, 2025 Minutes – February 18, 2025 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III FEBRUARY 18, 2025 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on February 18, 2025, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition – M.D. Anderson’s “Be Well Beaumont Program” Mural Fest Bond Election and Facilitation Process Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-8 & 10, or any other topic. Item 9 has already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Rev. Torey Doucette of New Birth Community Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Councilmembers Durio, Getz, Turner and Samuel. Absent Mayor Pro Tem Neild and Councilmember Feldschau. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “National Black History Month” – February 2025 – Accepting; Dora Nisby, Community Activist and Natasha Simon-Martin, President of the Beaumont Chapter of the NAACP Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-8 & 10 (or any other topic). Item 9 has already been heard in a Public Hearing therefore, citizens can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Katherine Campbell 1067 Wiess St. Beaumont TX Minutes – February 18, 2025 Daniel Campise 2095 Dowlen Rd. Beaumont TX Airon Reynolds 6915 Salida Ln. Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the February 4, 2025, City Council meeting minutes. B. Council to consider a resolution approving an annual contract for Machine Shop and Repair Services with Pemsco of Rose City for use by the Water Utilities Department – Resolution 25-029 C. Council to consider authorizing the Beaumont Convention and Visitors Bureau to apply for and receive grant funds from the Foundation of Southeast Texas for additional furniture for educational purposes and visitor’s services at the Tyrrell Park Nature and Visitor Center – Resolution 25-030 Councilmember Durio moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to consider a resolution allowing the City Manager to enter an agreement with GAP Strategies for Bond Facilitation Services. The City of Beaumont requested proposals from qualified firms to provide pre-bond facilitation and processing services for a possible Municipal General Obligation Bond Election slated for November 4, 2025. Two hundred thirty-four (234) invitations were sent via email as well as advertising on the city web page and in the local newspaper. One (1) proposal was submitted. A committee of three (3) reviewed the submission. Staff recommends entering into an agreement with GAP Strategies in the amount of $152,977.00 to analyze potential projects for a future bond election as identified by the City Council and a Citizen Bond Advisory Committee. Services provided by the firm will include, but will not be limited to, analyzing potential projects for a 2025 November bond election as identified by the Citizen Bond Advisory Committee and the City Council; assisting with project cost estimation in conjunction with City staff or consultant engineering firm; Minutes – February 18, 2025 assisting with development of timelines and phasing for project construction; coordinating, directing, and facilitating discussions with the Citizen Bond Advisory Committee to work through a list of projects for recommendation to City Council; developing meeting schedules, format, and content for efficient facilitation of the Bond Advisory Committee; providing guidance for public input and engagement of project stakeholders; assisting the Bond Advisory Committee in ranking and prioritizing projects, and working with the City’s Financial Advisor and Bond Counsel to analyze the potential tax rate impacts of a bond election. Funds will come from the General Fund. Approval of the resolution. Councilmember Getz made a motion to table the item stating two Councilmembers weren’t present at the meeting and felt that the Council should wait until their return. With a lack of a second the motion failed. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER OR HIS DESIGNEE BE AND ARE HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH GAP STRATEGIES, IN THE AMOUNT OF $152,977.00, FOR BOND FACILITATION SERVICES. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER AND SAMUEL NAYS:COUNCILMEMBER GETZ MOTION PASSED RESOLUTION 25-031 2. Council to consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the General Election being held jointly with the Beaumont Independent School District and the Port of Beaumont for the May 3, 2025, General Election. This joint Election Agreement is a requirement of Jefferson County for the County Clerk to coordinate and handle all services of equipment for the Joint Election in accordance with the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson County for equipment, supplies, services and administrative costs. Each participating authority is responsible for the lawful conduct of their respective elections. Funding will come from the City Clerk’s Budget. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A JOINT ELECTION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF BEAUMONT FOR THE CITY OF BEAUMONT GENERAL ELECTION BEING HELD JOINTLY WITH THE PORT OF BEAUMONT AND THE BEAUMONT INDEPENDENT SCHOOL DISTRICT. Councilmember Turner seconded the motion. Minutes – February 18, 2025 AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-032 3.Council to consider a resolution supporting KCG Development, a proposed Housing Tax Credit (HTC) project located at 5695 Concord, acknowledge that Beaumont has more than twice the state average of units per capital supported by Tax Credits, affirming that the project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. KCG Development of Indianapolis, IN is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Riva Ridge, a proposed sixty-three (63) unit general tenancy housing development, located at 5695 Concord in Beaumont. Eight of these units will be cottage style units. Based on the new scoring criteria, the Riva Ridge application scored a 27 on proximity to amenities. The developer has also committed $50,000 for parks improvements. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is in a census tract that has more than twenty (20) percent Housing Tax Credit units per total household. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT CONFIRMS THAT KCG DEVELOPMENT LLC, WITH THE DEVELOPMENT OF RIVA RIDGE HAS COMMITTED $50,000.00 FOR PARKS IMPROVEMENTS; AND THAT THE CITY COUNCIL ACKNOWLEDGES AND CONFIRMS, ARE REQUIRED BY TDHCA, THAT THE CITY OF BEAUMONT HAS MORE THAN TWICE THE STATE AVERAGE OF UNITS PER CAPITA SUPPORTED BY HOUSING TAX CREDITS OR PRIVATE ACTIVITY BONDS. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER AND SAMUEL NAYS:COUNCILMEMBER GETZ MOTION PASSED RESOLUTION 25-033 Minutes – February 18, 2025 4.Council to consider a resolution authorizing an emergency repair of a 24” wastewater main on Washington Boulevard. On February 4, 2025, the city was made aware of a cavity forming under 5250 Washington Boulevard due to the failure of a 24” wastewater main caused by rainwater entering the broken main. An emergency contract has been put in place with Brystar Contracting, Inc., in an amount not to exceed $163,826.00 to complete the repair. Funding will come from the Water Utilities Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING INC., OF BEAUMONT, TEXAS, FOR THE EMERGENCY REPAIR OF A 24” WASTEWATER MAIN ON WASHINGTON BOULEVARD, IN THE AMOUNT NOT TO EXCEED $163,826.00. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-034 5.Council to consider a resolution approving the issuance of bonds by Beaumont Housing Authority to Foothill Housing Foundation, to acquire, rehabilitate, and improve the Cypress Bend Apartments and Cypress Bend Village apartments located on Major Drive. The Beaumont Housing Authority plans to issue a bond that will enable private investor Foothill Housing Foundation to acquire, rehabilitate, and enhance the Cypress Bend Apartments and Cypress Bend Village Apartments on Major Drive. Half of the units at these properties will be designated for individuals earning up to 80% of Area Median Income (AMI), while the remaining half will be market-rate. For the Beaumont Housing Authority to issue these bonds, the Internal Revenue Service (IRS) requires approval from the local jurisdiction. However, this bond issuance will not impact taxes paid by Beaumont residents or affect city processes. The bonds will be repaid solely from the revenue generated by the property and will include a disclaimer stating that they do not represent a debt of the City of Beaumont, nor is the city’s taxing power pledged for their repayment. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT APPROVING A PLAN OR FINANCE FOR THE ISSUANCE OF REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF BEAUMONT TO FINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF FOOTHILL AFFORDABLE HOUSING FOUNDATION, INC., OR ITS Minutes – February 18, 2025 AFFILIATES, AND CERTAIN OTHER MATTERS RELATING THERETO. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-035 6. Council to consider a resolution authorizing the City Manager to award a contract to AIMS Companies (CSI CONSOLIDATED, LLC), of Houston, TX, for the Sanitary Sewer Lift Stations Wet Well Cleaning Project. The Sanitary Sewer Lift Stations Wet Well Cleaning Project will clean the wet wells at nine (9) sanitary sewer lift stations. This work will be achieved through vacuuming, washing, and scraping the interior of the wet wells as needed to remove accumulated materials, ensuring optimal flow and safe operation of the pumps. On January 9, 2025, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $155,500.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount AIMS Companies (CSI Consolidated, LLC))Houston, TX $66,000.00 BCAC Underground Haltom City, TX $152,000.00 Chief Solutions, LLC Houston, TX $167,073.39 Compliance EnviroSystems, LLC Baton Rouge, LA $239,300.00 Based on a review of the bids and required documents received, the Water Utilities staff recommend awarding the project to the lowest bidder, AIMS Companies (CSI CONSOLIDATED, LLC), for the amount of $66,000.00. A total of 60 calendar days is allocated for substantial completion of the project. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY AIMS COMPANIES (CSI CONSOLIDATED, LLC), HOUSTON, TEXAS IN THE AMOUNT OF $66,000.00 BE ACCEPTED BY THE CITY OF BEAUMONT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH AIMS COMPANIES (CSI CONSOLIDATED, LLC), OF HOUSTON, TEXAS, WITH A TOTAL OF SIXTY (60) CALENDAR DAYS NEEDED TO COMPLETE THE WORK. Councilmember Getz seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL Minutes – February 18, 2025 NAYS:NONE MOTION PASSED RESOLUTION 25-036 7.Council to consider a resolution authorizing the City Manager to execute Change Order No. 7 to the contract with Callan Marine Ltd., for the Riverfront Park Restoration Project. On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. There were previous Change Order Nos. 1-6, in the amount of $159,745.46. Proposed Change Order No. 7, in the amount of $309,122.68, is necessary to modify the north sidewalks to comply with ADA regulations and construct additional concrete between the pavilions to alleviate water ponding. This Change Order will also include the additional cost of installing 4” conduit in place of the 2 ½” to meet the requirements by Entergy for electrical service. A total of fifty-six (56) additional calendar days will be added to the contract for the additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 7 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. With this approved Change Order, the total amount used from the contingency is $649,217.52. Funds will come from Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 7, IN THE AMOUNT OF $309,122.68, TO MODIFY THE NORTH SIDEWALKS TO COMPLY WITH ADA REGULATIONS AND CONSTRUCT ADDITIONAL CONCRETE BETWEEN THE PAVILIONS TO ALLEVIATE WATER PONDING, THIS WORK IS TO BE PAID FROM THE CONTINGENCY ALLOWANCE, RESULTING IN NO CHANGE TO THE CURRENT CONTRACT AMOUNT OF $17,039,121.46 , AND THAT FIFTY-SIX (56) ADDITIONAL DAYS BE ADDED TO THE CONTRACT FOR THE RIVERFRONT PARK RESTORATION PROJECT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-037 Minutes – February 18, 2025 8.Council to consider approving an Ordinance for the fee amounts specified in the City of Beaumont's Code of Ordinance to be repealed and replaced with language indicating that said fees shall be as established in the City's Master Fee Schedule found in the appendix of the City of Beaumont's Code of Ordinance. On September 17, 2024, the City Council approved the Operating Budget for the City of Beaumont including a Master Fee Schedule. The adoption of the Master Fee Schedule impacted several sections of the City's Code of Ordinance. The impacted fees will need to be repealed and replaced with language indicating that said fees shall be established in the City's Master Fee Schedule that will be included in the appendix of the City's Code of Ordinance. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE APPROVING THE FEE AMOUNTS SPECIFIED IN THE CITY OF BEAUMONT’S CODE OF ORDINANCES TO BE REPEALED AND REPLACED. Councilmember Getz seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 25-008 9. Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 5450 Concord Road. Eleuterio Albarran, representing SDB Development LP, is seeking approval of a Specific Use Permit to allow a duplex within the R-S zoning district located at 5450 Concord Road. In July 2024, the property was issued a stop work order when an inspection revealed repairs occurred without a permit. Additionally, it was revealed this property was converted into 4 dwelling units in recent years. If approved, this request would allow the property owner to reduce the number of units from 4 to 2, which would bring this property into compliance with the City’s zoning regulations. According to our City’s Comprehensive Plan the property is located within the “Stable Area,” such areas are “Built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict building and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development areas.” This request appears to be in line with the Comprehensive Plan. Staff recommends approval, with the following conditions: Minutes – February 18, 2025 1. Shall obtain all necessary permits and complete all required City inspections. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Fire and Building Code requirements. At a Joint Public Hearing held on January 27, 2025, the Planning Commission recommended 4:1 to deny the request for a Specific Use Permit to allow a duplex in an R-S (Residential- Single Family Dwelling) District for property located at 5450 Concord Road. Approval of the ordinance, with the following conditions: 1. Shall obtain all necessary permits and complete all required City inspections. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Fire and Building Code requirements. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN R-S (RESIDENTIAL-SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5450 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 25-009 PUBLIC HEARING Council to conduct a Public Hearing on Dangerous Structures Public Hearing Open: 3:25 p.m. Derrick Dawson 4830 Rue Dr. Beaumont TX Item #37 4930 Rue Dr. (Structure) Nema Ghalandanchi 4160 Bethlehem Ave. Beaumont TX Item #3 4160 Bethlehem Ave. (Includes main structure & Garage Apt.) Rodrick Mosley 7706 Folkstone Houston TX Minutes – February 18, 2025 Item #27 3103 Magnolia (Structure) Joshua Bryce 5720 Derby Ln. Beaumont TX Item #32 6260 Pansy Dr. (Structure) Item #44 1578 Texas St. (Structure) Public Hearing Close: 3:33 p.m. 10. Council to consider an ordinance to declare the following fifty (50) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days staff is requesting City Councils authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten (10) days after the effective date of this ordinance. These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 24.04.001 of the 2021 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funding sources may include the General Fund and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #3, 27, 32, 37 AND 44, TO ENTER INTO A 150 DAY PROGRAM ON THE DANGEROUS STRUCTURES LIST, ITEMS # 11 AND 47 WERE REMOVED BY STAFF, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 25-010 WORK SESSION Council to review and discuss appointing a Vice Chairman to the Advisory Board of the Beaumont Convention and Visitors Bureau and the Vice Chairman would also sit on the committee for the Hotel Occupancy Grant Process Minutes – February 18, 2025 Downtown Proactive Code Enforcement Update COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Exxon Mobil Corporation v. Robert Andres Bonta a.k.a. Rob Bonta, in his individual capacity; Sierra Club, Inc,: Surfrider Foundation, Inc.; Heal the Bay, Inc.; Baykeeper, Inc.; and Intergenerational Environment Justice Fund Ltd; Case No. 1:25-cv-00014 Caleb Fenter and Beaumont Professional Firefighters Local #399 (Intervenors) v. City of Beaumont, Christopher S. Boone, Kenneth Williams, Roy West, Earl White, Taylor Neild, Mike Getz, Audwin Samuel, Charles Durio, Albert Turner, and Randy Feldschau; Cause No. B-210244 Open Session of the meeting adjourned at 4:09 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program. BACKGROUND The Summer Reading Program is an annual event that the Beaumont Public Libraries has presented to the community for many years. The goal of this service is to provide opportunities for children and teens to continue to learn and to read throughout the summer. Each year, Library Administration requests funding from local stake holders to enhance the scope of this program. This year we are requesting funds from Entergy, HEB, and The Foundation for Southeast Texas for a total of $7,500.00. FUNDING SOURCE None RECOMMENDATION Approval of Resolution ATTACHMENTS C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution approving the repairs to a Mustang Cat 725 Dump Truck used at the landfill. BACKGROUND Unit 5093 is a 2005 Mustang Cat 725 Articulated Dump Truck, with 11,185 working hours. The truck was involved in an accident at the Landfill, which resulted in substantial front-end damages to the engine and body. The repairs will be completed by Mustang Cat of Beaumont, a Sole Source vendor, in the amount of $85,820.29. Repair work will come with a 1-year parts and labor warranty. This unit is used at the landfill and is essential to operations. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Texas State Library and Archives Commission, for digitizing services at the Tyrrell Historical Library. BACKGROUND The Tyrrell Historical Library has a long and proud legacy of preserving the unique history of Southeast Texas and surrounding areas. Through the use of technology, THL has provided access to these collections via a digital portal. A growing part of the collections at the Library are accretions of film, video, and other mediums that require a transfer to a digital format. In 2026 the State Library will once again offer the TexTreasures Grant to allow libraries funding for this service. The Library is requesting funds to digitize a large, varying, collection of media sources pertaining to SETX. These items including audio, video, film, and other formats have been deeded as a gifts to the Tyrrell over many years. The amount of this request is $40,000.00. There is no match for the city. FUNDING SOURCE NONE RECOMMENDATION Approval of the resolution. ATTACHMENTS None E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Mike Harris, Director of Water Utilities MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution approving the annual contract for the purchase of polyacrylamide liquid polymer for use by the Water Reclamation Division. BACKGROUND Polyacrylamide liquid polymer is used in the dewatering of sewage sludge process. The Water Reclamation Division expects to purchase approximately fifty thousand (50,000) pounds during the term of the contract. The contract shall be in effect for a period of twelve (12) months. At the end of the initial term, the City may renew the contract for two (2) additional twelve (12) month periods at the price quoted. Two hundred eight (208) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Only one (1) vendor submitted a bid. Polydyne Inc of Riceboro, Georgia responded with a bid of $1.69 per pound which is estimated to be an annual expenditure of $84,500. This is approximately a 7.5% increase in price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation - Polyacrylamide F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution approving the replacement of the current Faster for Windows fleet asset management software with the new web-based platform from Faster Asset Solutions of Virginia Beach, VA. BACKGROUND The City of Beaumont utilizes Faster for Windows software for fleet asset management by the Fleet division. This software product is now end of life and no longer supported by the vendor. After reviewing multiple vendors, it was determined to stay with the current vendor, Faster Asset Solutions, and upgrade to their new web-based platform. This upgrade will provide the City with the following additional functionality to our current system: Comprehensive Lifecycle Management: Manage your fleet from acquisition to disposal, including warranty tracking, asset lifecycle tracking, and proper decommissioning. Preventive Maintenance & Repairs: Schedule and track preventive maintenance, generate work orders, and monitor repair history to reduce downtime and extend asset life. Robust Reporting & Analytics: Gain actionable insights with customizable dashboards, detailed reports, and KPI tracking for smarter decision-making. Efficient Inventory & Parts Management: Monitor parts inventory, generate reorder lists, and track usage—helping to maintain an optimal stock and reduce waste. Integrated Fuel Management: Collect and store fuel transactions (manually or electronically) to optimize fuel usage and manage related costs effectively. Centralized Accounting & Billing: Track costs, manage vendor accounts, and streamline invoicing to simplify financial operations across your fleet. Seamless Integrations & Scalability: Easily integrate with other systems and scale operations as your fleet grows—all accessible via a user-friendly web platform. Included in the cost for the new platform is licensing for the new platform, implementation of the new platform, data migration from the old software to the new platform, and personnel training. The total one-time cost is $142,796.83 with an annual recurring cost of $27,317.52, which is approximately the same annual maintenance currently being paid for the end-of-life version of the software Fleet is currently utilizing. The cost for this upgrade was planned for and budgeted in fiscal year 2025. FUNDING SOURCE Captial Reserve. RECOMMENDATION Approval of the resolution. Please note: This item may contain content generated or edited by AI. G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:March 18, 2025 REQUESTED ACTION:Council to consider an appointment to the Beaumont Convention Bureau Advisory Board. BACKGROUND Mayor Roy West appoints Ashwin "Anthony" Patel to fill a vacant position. The term shall begin on March 11, 2025, and expire on September 30, 2025. FUNDING SOURCE No applicable. RECOMMENDATION None. ATTACHMENTS 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Lopez Utilities Contractor, LLC, of Houston, Texas for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). BACKGROUND On March 19, 2024, by Resolution No. 24-075, City Council awarded a contract to Lopez Utilities Contractor, LLC, of Houston, Texas in the amount of $319,087.50 for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). Previous Change Order Nos. 1-3 in the amount of $16,187.50 are attached for your review. Proposed Change Order No. 4, in the amount of ($21,817.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional 14 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $313,458.00. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 4, maintenance, and final payment in the amount of $23,652.90 is recommended. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - Wescalder Rd C_O4 - Final Pmt 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp, of Beaumont, Texas for the Highway 124 12-Inch Water Main Replacement (From Phelps Rd to Downs Rd). BACKGROUND The Highway 124 12-Inch Water Main Replacement will replace the existing 12” cast iron water line with a new 12” HDPE water line along Highway 124 from Phelps Road to Downs Road. On February 6, 2025, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $320,850.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Bull-G Construction Houston, TX $283,450.00 SETEX Construction Corp.Beaumont, TX $283,521.76 BDS Constructors LLC, dba MK Constructors Vidor, TX $331,931.00 Allco, LLC Beaumont, TX $366,550.00 Eastex Utility Construction Beaumont, TX $375,800.00 After reviewing the bids, required documents, and reference background checks, it was determined that Bull-G Construction, LLC, the lowest bidder, was disqualified for failing to submit the necessary bidder information as required in the bid specifications. Water Utilities staff recommends awarding the project to the second lowest bidder, SETEX Construction Corp., of Beaumont, TX in the amount of $283,521.76. The project is allocated 90 calendar days for substantial completion. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS Highway 124 12-Inch Water Main Replacement Bid Tabulation 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider an ordinance denying CenterPoint Energy Resources Corporation proposed rates. BACKGROUND On February 18, 2025, CenterPoint Energy Resources Corporation, d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (CenterPoint) filed a Gas Reliability Infrastructure Program (GRIP) adjustment factor for cities located in their Beaumont/East Texas geographic area. CenterPoint is authorized to make annual GRIP rate change requests pursuant to the Gas Utility Regulatory Act, Tex. Util. Code §104.301 (GRIP Statue). The GRIP Statue authorizes gas utility companies to request rate increases associated with year to year changes in incremental investment. The GRIP Statue also provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the company’s filing, unless suspended by the City. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ATTACHMENTS 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:March 18, 2025 REQUESTED ACTION:Council to consider an ordinance denying Texas Gas Service Company's proposed rates. BACKGROUND On or about February 11, 2025, Texas Gas Service Company (TGS) filed a Gas Reliability Infrastructure Program (GRIP) adjustment factor with the cities located in the Central-Gulf service area. TGS is authorized to make annual GRIP rate change requests pursuant to the Gas Utility Regulatory Act, TEX. UTIL. CODE §104.301 (GRIP Statue). The GRIP Statue authorizes gas utility companies to request rate increases associated with year to year changes in incremental investment. The GRIP Statue also provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the company’s filing, unless suspended by the City. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of the ordinance. ATTACHMENTS 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider amending Ordinance No. 25-010. BACKGROUND On February 18, 2025, the City Council found forty-five (45) structures to be a public nuisance and ordered their demolition and removal or repair within ten (10) days of the effective date of Ordinance No. 25-010. Additionally, Council approved five (5) properties to enter a 150-day work program within ten (10) days of the effective date of this ordinance to either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty (150) days. If the owner(s) fail to enroll in a work program within the prescribed ten (10) days or obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, the Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Additionally, the property must repay any outstanding taxes prior to entering a work program. Due to communication errors, staff is requesting the City Council to also allow the following properties to enter a 150-day work program under the same parameters as the aforementioned: 6. 3125 College St—Commercial Accessory Building Only 25. 3103 Magnolia—Structure 35. 4830 Rue Dr—Structure 41. 3030 Terrell Ave—Structure Properties at 9195 McLean and 3160 Sabine Pass Avenue should not be included in the work program because their owners did not speak at the Public Hearing on February 18, 2025. These properties were mistakenly communicated to the Council during the hearing, resulting in their inclusion in Ordinance No. 25-010. Instead, they should be considered for demolition. Property owners have been notified of the Public Hearing. This amendment, if affirmed, will result in the City Council authorizing forty-three (43) properties for demolition and removal or repairs and seven (7) properties in total to enter a work program. FUNDING SOURCE Community Development Block Grant funds and General Funds. RECOMMENDATION Approve the Ordinance. ATTACHMENTS Ordinance No. 25-010 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow an Artisan office and shop within the CBD (Central Business District) for property located at 450 Bowie Street. BACKGROUND Stoney Petit, is requesting a Specific Use Permit to operate an Artisan office and shop at 450 Bowie Street in the CBD (Central Business District). Anderson Artisans is a skilled carpentry business specializing in creating one-of-a-kind wooden pieces. The Central Business District is intended to accommodate the commercial offices and service, residential and public activities. The use of the property as a business office and shop could aid in economic growth of the downtown area. Although the CBD district does not have parking requirements, our City’s Traffic Engineer has reviewed the proposal and has no immediate concerns. At a Joint Public Hearing held on February 24, 2025, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow an Artisan office and shop within the CBD (Central Business District) for property located at 450 Bowie Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. All operations of the business shall remain in compliance with Article 12.08 of the City of Beaumont Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. All operations of the business shall remain in compliance with Article 12.08 of the City of Beaumont Code of Ordinances. ATTACHMENTS Legal Description Staff Report PUBLIC HEARING Council to conduct a Public Hearing on Public Nuisance Properties: 1. South of 1145 S. 4th or right of 1145 S. 4th, or NE Corner of S. 4th at Franklin St. (Cartwright Terr L-7 thru 12 B-12) 2. South of 1560 South (1575) (Calder L3 4 5 B36) 3. 4215 E. Lucas (PT FR HTS 65-2 66-2 PLD D-14 TR 30 A Williams) 4. North of or behind 3470 Milam (Fenced Area) (D Brown CC 1 N 167’ BLK 27 1.6AC Columbus/Cartwright #1) 5. 1285 North, Left of 1295 North (Calder L5 B44) 6. East of or behind 5260-5360 Spencer (TR 94 PL D-21 F Bigner 4.542AC) 7. Right of and South of 2825 S. 12th, Right of (College Acres EXT L1-3 B33B) 8. 1355 Cable, across from 1370 Cable (Chaison L3 B10) 9. 1169 Broadway, 1100 Block at Center 300 Block 115’ East from SE Corner (Calder L6 B16) 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:March 18, 2025 REQUESTED ACTION:Consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the following 9 properties and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said properties without further notification to the property owner or City Council action. BACKGROUND According to the City of Beaumont’s Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.0.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City’s Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. Please see attached exhibit for inspection reports for the 9 properties known to be in violation of Chapter 10 and/or Chapter 12 of the City’s Code of Ordinances. 1.Right of and South of 1145 S. 4th Owner Name: Sanctuary Property Group, LLC Legal Description: CARTWRIGHT TERR L-7 THRU 12 B-12 Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002.2. 2. South of 1560 South (1575) Owner Name: Virgie W. Jenkins Legal Description: CALDER L3 4 5 B 36 Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. 3. 4215 E. Lucas Owner Name: Checkerboard Restaurants, Scott Sebastian Legal Description: PT FR HTS 65-2 66-2 PLD D-14 TR 30 A WILLIAMS Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. 4. North of and behind 3470 Milam (fenced area) Owner Name: KORPAL GOLDEN INVESTMENTS LLC Legal Description: D BROWN CC 1 N167’ BLK 27 1.6AC COLUMBUS/CARTWRIGHT #1 Violations: Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002 5. 1285 North, Left of 1295 North Owner Name: Mary Jane Bennett Legal Description: CALDER L5 B44 Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005. 6. East of or behind 5260-5360 Spencer Owner Name: Sarah Nacef Legal Description: TR 94 PL D-21 F BIGNER 4.542AC Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. 7. Right of and South of 2825 S. 12th Owner Name: James Matthew Cartwright Legal Description: COLLEGE ACRES EXT L1-3 B33B Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. 8. 1355 Cable Owner Name: Johnett John Eloise Moore, Hazel Williams (Deceased) Legal Description: CHAISON L3 B10 Violations: Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.003, and Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Sections 10.05.001 and 10.05.005, and Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. 9. 1169 Broadway Owner Name: Emanuel Congregation Legal Description: CALDER L6 B16 Violations: Failure to Retrieve Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002. FUNDING SOURCE The General Fund RECOMMENDATION Approve the ordinance ATTACHMENTS Inspection reports and associated photos on all nine (9) properties. PUBLIC HEARING Council to conduct a Public Hearing for Council to consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as an Imminent Danger and order the owner to raze the structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:March 18, 2025 REQUESTED ACTION:Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as an Imminent Danger and order the owner to raze the structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. BACKGROUND On January 7, 2025, the City Council approved an extension of time with conditions (Ordinance No. 25-004) for the property owner to complete the required repairs and bring the Gilbert Building into compliance with the city’s codes and ordinances. Condition No. 2 of said Ordinance ordered the property owner to disclose their intent, plans, and a timeline for completing the necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code by March 11, 2025. As of March 12, 2025, the property owner has not disclosed any intent or timeline, nor submitted any plans to city staff for these repairs. The most recent project schedule (Exhibit G), submitted on February 14, 2025, lists a new completion date of May 12, 2025, with an “Owner Review and Decision to Proceed” period set between March 12 and March 19, 2025. The prior timeline presented to Council in January of 2025 listed the “Owner Review and Decision to Proceed as February 28, 2025. The requested new project schedule appears to include interior demolition and to issue a “reinforcement package,” to the Building Official by early-May but the full scope of work proposed and whether this would bring the building into compliance is still unknown at this time. Recently, some of the scaffolding at the Gilbert Building was removed. During removal, parts of the building were falling causing dangerous conditions to the site workers. Because of this, they ceased removal of the scaffolding to ensure the safety of the site workers. When learning of this, the City found it necessary to procure a structural engineer report to learn more on the current condition of the building post interior demolition (Exhibit J). The report states, ”there are two sections of the building that will collapse if the scaffolding is removed before the damaged wood framing is demolished. At the southeast corner the scaffolding is supporting some burned floor area and wall that will collapse if it is not demolished prior to the removal of the scaffolding. At the west end of the building...the second floor will also collapse if the scaffolding is removed before demolition is completed. The parapet at the roof is damaged and coping is presently in danger of failing, this is an imminent danger and should be resolved immediately.” City staff obtained a warrant to collect water samples from the building’s basement, and laboratory testing confirmed that the water quality met the necessary standards for discharge into the sanitary sewer system (Exhibit H). The City abated the water from the basement on March 6, 2025. Additionally, a warrant was secured for drone footage to assess the structure’s current condition. The footage revealed compromised floor joists and masonry failure, further indicating severe structural instability (Exhibit I). Furthermore, the property owner is failing to secure the building, leaving it accessible to the public. For the preservation of life, property, and safety of the public, the Building Official recommends approval to raze the structure located at 328-338 Bowie and 486-498 Pearl Street, also known as the Gilbert Building. Please see below for a brief timeline of this case for reference and staff recommendation: The structure at 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” was “tagged” as imminent danger on June 10, 2024. The structure has been damaged by fire. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, “the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas.” Staff recommended demolition of the structure due to the imminent danger to life and public safety. On June 18, 2024, the City Council tabled this item for sixty (60) days with the following conditions to be completed within five (5) business days: 1. Erect a 6’ fence to barricade the perimeter of the building for public health and safety purposes. 2. The property owner shall submit a work program with the Building Codes Department. On August 20, 2024, an extension of time was granted to the property owner by Ordinance No. 24-043 with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed within one hundred fifty (150) days, no later than January 10, 2025. The property owner shall obtain all applicable permits. Requests for extensions of time shall be reviewed by the City Council. 2. The property owner shall submit a restoration progress report to the Building Official every sixty (60) days to ensure substantial progression occurs until the building complies with all codes and ordinances. The property owner shall appear before the City Council on the next available agenda subsequent to January 10, 2025, to report any findings or progress during restoration of the Gilbert Building and disclose intent to make all necessary repairs to comply with the 2021 International Property Maintenance Code. 3. The property owner shall render payment to the City of Beaumont, within ten (10) days of the date of this order, for reimbursement for the use of thirty-four (34) water wall barricades for 328 Bowie Street, the Gilbert Building, in the amount of $12,320.00. The property owner will pay all invoiced amounts for the continued use of said barricades. On January 7, 2025, staff recommended approval of an extension to the property owner by Ordinance No. 25-004 to give additional time to comply with the following conditions: 1. The exterior walls, roof and elevated floors shall be restored to their original structural capacity, as identified by a structural engineer registered in the State of Texas and completed no later than April 23, 2025. The property owner shall obtain all applicable permits. 2. The property owner shall appear before the City Council at the March 11, 2025, meeting, to report on the progress of the project and disclose intent, plans, and timeline to make all necessary repairs to bring the building into full compliance with the 2021 International Property Maintenance Code. FUNDING SOURCE The General Fund. RECOMMENDATION Approve the Ordinance. ATTACHMENTS Please see attached: - City procured structural engineering report - post fire (Exhibit A) - Owner procured structural engineering report (Exhibit B) - Signed Council work program (Exhibit C) - Ordinance No. 24-043 (Exhibit D) - Project Schedule Revision B (Exhibit E) - Project Schedule Revision C (Exhibit F) - Project Schedule Revision E (Exhibit G) - Water Sample Results (Exhibit H) - Drone Footage (Exhibit I) - City procured structural engineering report - post interior demolition (Exhibit J) WORK SESSION Council to Review and Discuss a Proposed Food Truck Park